Agreement Between USER and Boomspeed.Com
The Boomspeed and Simplesniper Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Simplesniper and Boomspeed Web Sites constitutes your agreement to all such terms, conditions, and notices. Boomspeed.Com. may change its terms of service from time to time. It is your responsibility to keep updated by checking our website frequently for changes and to abide by these terms of service located at https://boomspeed.com/terms.htm . Your continued membership constitutes acceptance, unless cancelled according to the terms of service.
Member Account, Password, and Security
Membership is only open for use by adults 18 years of age or older. Minors are prohibited from creating or using any types of accounts at any of Boomspeed.Com’s websites. Boomspeed.Com websites are only available to you. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. This includes the specification of a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BOOMSPEED.COM immediately of any unauthorized use of your account or any other breach of security. BOOMSPEED.COM will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BOOMSPEED.COM or another party due to someone else using your account or password. You may not use anyone else's account at any time, or allow anyone to use your account.
Content and Uses
Pornography is strictly prohibited. On the Internet today many people have different opinions about what pornography is, as well as what is decent or indecent. Images of sexual conduct are not allowed. Nude images of legal aged subjects is allowed pending it is not suggestive of a sexual act and is legal in the majority of the states of the USA. We reserve the right to decide what is suitable, and images which violate these terms may be deleted, as well as modify this list of allowed types. Users of Boomspeed and SimpleSniper must agree to comply with all laws which apply to the United States, and their location, including copyright and trademark law. Images and files that violate copyrights or trademarks are not allowed. If someone has an infringement claim against you, you will be asked to remove the copyrighted file(s) until the issue is resolved.
Loss of Data
While Boomspeed.Com and Simplesniper.com do make backups of data and makes all attempts at keeping the systems stable and reliable, as a user you must agree that Boomspeed.Com or and of its subsidiaries, employees, and affiliates are not liable for your data, loss of winning an auction, loss of email or address books, loss of personal information or credit card info due to computer breakin or any other reason, and makes no claims of future reliability in serving, hosting or storing your data other than stating that our servers have had a better than 99% uptime. Anytime you upload something to the internet, you should always keep a backup for yourself. User accounts are limited to one per person and must have a valid email address. Accounts with false email addresses will be deleted with no prior notice.
Modification of These Terms of Use
BOOMSPEED.COM reserves the right to change the terms, conditions, and notices under which the Simplesniper and Boomspeed Services are offered, including but not limited to the charges associated with the use of the Simplesniper and Boomspeed Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Simplesniper and Boomspeed websites. Your continued use and membership of the Simplesniper and Boomspeed Services constitutes your agreement to all such terms, conditions, and notices.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Simplesniper and Boomspeed Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Simplesniper and Boomspeed Site/Service.
Links to Third Party Sites
The Simplesniper and Boomspeed Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of BOOMSPEED.COM and BOOMSPEED.COM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BOOMSPEED.COM is not responsible for webcasting or any other form of transmission received from any Linked Site nor is BOOMSPEED.COM responsible if the Linked Site is not working appropriately. BOOMSPEED.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BOOMSPEED.COM of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Simple Sniper and Boomspeed Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. BOOMSPEED.COM shall not be responsible or liable for any part of any such dealings or promotions.
No Unlawful or Prohibited Use
As a condition of your use of the Simplesniper and Boomspeed Sites/Services, you will not use the Simplesniper and Boomspeed Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Simplesniper and Boomspeed Sites/Services in any manner which could damage, disable, overburden, or impair any Simplesniper or Boomspeed Site/Service (or the network(s) connected to any Simplesniper or Boomspeed Site/Service) or interfere with any other party's use and enjoyment of any Simplesniper or Boomspeed Site/Service. You may not attempt to gain unauthorized access to any Simplesniper or Boomspeed Site/Service, other accounts, computer systems or networks connected to any Simplesniper or Boomspeed Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Simplesniper or Boomspeed Sites/Services. In addition you will not use or services for hosting illegal MP3’s, WAREZ, Pornography, Child Pornography, Hate Website Content, or any other website content that is promoted with bulk email/spam or promoting fraud in any way.
Software and Content Available Through the Simplesniper Site/Service
All content and software (if any) that is made available to view and/or download in connection with the Simplesniper or Boomspeed Site/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of BOOMSPEED.COM Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, BOOMSPEED.COM Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Simplesniper or Boomspeed Sites/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the Simplesniper or Boomspeed sites/services may include inaccuracies or typographical errors. Changes are periodically made to the Simplesniper or Boomspeed sites/services and to the information therein. BOOMSPEED.COM and/or its respective suppliers may make improvements and/or changes in the Simplesniper or Boomspeed site/services at any time. Advice received via the Simplesniper or Boomspeed site/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
BOOMSPEED.COM and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Simplesniper or Boomspeed site/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. BOOMSPEED.COM and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
You specifically agree that BOOMSPEED.COM shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a Simplesniper and Boomspeed sites/service. You specifically agree that BOOMSPEED.COM is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that BOOMSPEED.COM is not responsible for any content sent using and/or included in a Simplesniper and Boomspeed sites/service by any third party.
In no event shall BOOMSPEED.COM and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Simplesniper or Boomspeed.Com site/services, with the delay or inability to use the Simplesniper and Boomspeed sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Simplesniper and Boomspeed site/services, or otherwise arising out of the use of the Simplesniper and Boomspeed sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if BOOMSPEED.COM or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Simplesniper or Boomspeed sites/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Simplesniper or Boomspeed sites/services.
Termination/Access Restriction
BOOMSPEED.COM reserves the right, in its sole discretion, to terminate your access to any or all Simplesniper or Boomspeed Site/Services and the related services or any portion thereof at any time, without notice. BOOMSPEED.COM may terminate the Simplesniper or Boomspeed Site/Services at any time, without notice. You accept this risk and waive any and all claims, of any nature whatsoever, associated with such termination of the Simplesniper or Boomspeed Site/Services.
BOOMSPEED.COM at their option may also terminate or suspend your access to Simplesniper or Boomspeed Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by BOOMSPEED.COM. The amount of time that BOOMSPEED.COM currently considers as an "extended" period of time is 6 months. Upon termination of the Simplesniper or Boomspeed Site/Service, your right to use the Simplesniper or Boomspeed Site/Service immediately ceases.
BOOMSPEED.COM shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party but may at its option do so for a fee.
Privacy and Protection of Personal Information
The Simplesniper and/or Boomspeed Web Site collects personally identifiable information, such as your e-mail address, name, address or telephone number. Information collected at the Simplesniper or Boomspeed Web site may be shared within the BOOMSPEED.COM family of Web sites.
Simplesniper and Boomspeed does not associate sensitive data, such as your race, religion, or political affiliations, with personally identifiable information. Simplesniper takes precautions to segregate any sensitive data you may provide on the site that reference your race, religion, sexual orientation, ethnicity or political affiliations.
BOOMSPEED.COM encourages you to review the privacy statements of Web sites you choose to link to from Simplesniper and Boomspeed so that you can understand how those Web sites collect, use and share your information. BOOMSPEED.COM is not responsible for the privacy statements or other content on Web sites outside of the Simplesniper or Boomspeed Web site.
The Simplesniper and Boomspeed Web sites collect and use your personal information to operate and deliver the services you have requested. Simplesniper and Boomspeed also use your personally identifiable information to inform you of other products or services available from BOOMSPEED.COM and its affiliates. BOOMSPEED.COM may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
BOOMSPEED.COM does not sell, rent or lease its customer lists to third parties. BOOMSPEED.COM may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, BOOMSPEED.COM may share data with trusted partners to help us perform statistical analysis. All such third parties are prohibited from using your personal information except to provide these services to BOOMSPEED.COM, and they are required to maintain the confidentiality of your information.
The Simplesniper or Boomspeed Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BOOMSPEED.COM or the site; (b) protect and defend the rights or property of BOOMSPEED.COM, and the Simplesniper and Boomspeed Web sites; and, (c) act under exigent circumstances to protect the personal safety of users of BOOMSPEED.COM , its web sites, or the public.
Use of Cookies
Simplesniper uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and your web browser only sends them to the webserver in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Simplesniper services or Web sites you visit.
Credit Card, Paypal and Other Billing Charges
Accounts paid for via credit card will be billed quarterly for $6/month ($18 billed up to 60 days before Jan 1st, Apr 1st, Jul 1st & Oct 1st of the year.) If subscribing in between quarterly billings, you will only be billed up to the end of the current quarter, I.E. $12 for 2 months or $6 for one month.
What this means is that when you sign up your card will be charged the prorated amount for that quarter. You will then be charged $18 quarterly. All charges will be billed as either 'G DEETER PHILATELIC' or 'BOOMSPEED.COM'
Paid account fees are non-refundable. Any cancellations or refunds will not be prorated. They will start from the next quarterly billing period. In order to cancel, a member must submit a request on the technical support page accessible by visiting https://boomspeed.com/ then clicking on 'Members Login' then clicking on the link next to "Submit a technical support request" . You must then receive correspondence from us acknowledging and accepting your cancellation and this must be done before any new charges occur.
If bandwidth usage for webhosting goes above 3 gigabytes of transfer per month, Boomspeed.Com. may at its sole discretion charge $1.00 per Gigabyte of transfer in excess or may disable the users account. Boomspeed.Com will be the sole entity determining the amount of bandwidth used. Credit Card Chargebacks. There is and has been an alarming trend on the Internet where people seem to think that by ordering services via the Internet, that they have some shield from obligation for paying and can simply call their credit card company and dispute the charges. We don't play that game. If you do a credit card chargeback, here is what will happen; 1) Boomspeed will file a police report with your local Police department in your home town. We have filed over 400 of these since 2005. After all, if you claim that you don't know who used your credit card, we are protecting you from fraud. If it turns out that it was you, and you are only trying to steal services, we will file charges against you. 2) Boomspeed charges a $59 fee for chargeback research. If you file a chargeback with your bank we will charge you $59 to respond to each and every one. If it turns out that someone actually did steal or mis-use your card, we will refund those fees if you provide proof in a police report or court judgement. Plain and simple? We don't play the games with you and if you want to try to abuse your own card, we will charge for the effort you cost us.
Boomspeed.Com may for any reason or without reason terminate/cancel/disable your account at anytime at its discretion, with no refund for any remaining service. Any disputes or service problems will never be resolved with credit a credit card or financial compensation, but instead with a free services credit only.
Copyright and Trademark Notices
All content of the Simplesniper and Boomspeed Web Sites is: Copyright (c) 2000 - 2004 BOOMSPEED.COM and/or its suppliers, 5718 Westheimer Road, Suite 1700, Houston, Texas U.S.A. All rights reserved.
This agreement/contract is consummated and governed by the laws of the United States of America, State of Texas, County of Harris, in the City of Houston. Any lawsuits or litigation arising out of this agreement will be resolved within Harris County. Financial renumeration or awards in the case of a law suit will be limited only to one quarters billing of $18. If any portion of this agreement/contract is deemed unenforceable in a court of law the remainder shall remain in effect.
Any rights not expressly granted herein are reserved.
Last Updated: October 18, 2005
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